1 | A bill to be entitled |
2 | An act relating to the liability of spaceflight entities; |
3 | amending s. 331.501, F.S.; revising the definition of the |
4 | term "spaceflight entity" to include certain manufacturers |
5 | and suppliers for purposes of specified provisions for |
6 | immunity from liability; saving a provision from future |
7 | repeal which provides spaceflight entities with immunity |
8 | from liability for the loss, damage, or death of a |
9 | participant resulting from the inherent risks of |
10 | spaceflight activities; providing an effective date. |
11 |
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12 | Be It Enacted by the Legislature of the State of Florida: |
13 |
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14 | Section 1. Section 331.501, Florida Statutes, is amended |
15 | to read: |
16 | 331.501 Spaceflight; informed consent.- |
17 | (1) For purposes of this section, the term: |
18 | (a) "Participant" means any spaceflight participant as |
19 | that term is defined in 49 U.S.C. s. 70102. |
20 | (b) "Spaceflight activities" means launch services or |
21 | reentry services as those terms are defined in 49 U.S.C. s. |
22 | 70102. |
23 | (c) "Spaceflight entity" means any public or private |
24 | entity holding a United States Federal Aviation Administration |
25 | launch, reentry, operator, or launch site license for |
26 | spaceflight activities. The term also includes any manufacturer |
27 | or supplier of components, services, or vehicles that have been |
28 | reviewed by the United States Federal Aviation Administration as |
29 | part of issuing such a license, permit, or authorization. |
30 | (2)(a) Except as provided in paragraph (b), a spaceflight |
31 | entity is not liable for injury to or death of a participant |
32 | resulting from the inherent risks of spaceflight activities so |
33 | long as the warning contained in subsection (3) is distributed |
34 | and signed as required. Except as provided in paragraph (b), a |
35 | participant or participant's representative may not maintain an |
36 | action against or recover from a spaceflight entity for the |
37 | loss, damage, or death of the participant resulting exclusively |
38 | from any of the inherent risks of spaceflight activities. |
39 | (b) Paragraph (a) does not prevent or limit the liability |
40 | of a spaceflight entity if the spaceflight entity does any one |
41 | or more of the following: |
42 | 1. Commits an act or omission that constitutes gross |
43 | negligence or willful or wanton disregard for the safety of the |
44 | participant and that act or omission proximately causes injury, |
45 | damage, or death to the participant; |
46 | 2. Has actual knowledge or reasonably should have known of |
47 | a dangerous condition on the land or in the facilities or |
48 | equipment used in the spaceflight activities and the danger |
49 | proximately causes injury, damage, or death to the participant; |
50 | or |
51 | 3. Intentionally injures the participant. |
52 | (c) Any limitation on legal liability afforded by this |
53 | subsection to a spaceflight entity is in addition to any other |
54 | limitation of legal liability otherwise provided by law. |
55 | (3)(a) Every spaceflight entity providing spaceflight |
56 | activities to a participant, whether such activities occur on or |
57 | off the site of a facility capable of launching a suborbital |
58 | flight, shall have each participant sign the warning statement |
59 | specified in paragraph (b). |
60 | (b) The warning statement described in paragraph (a) shall |
61 | contain, at a minimum, the following statement: |
62 |
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63 | "WARNING: Under Florida law, there is no liability for |
64 | an injury to or death of a participant in a |
65 | spaceflight activity provided by a spaceflight entity |
66 | if such injury or death results from the inherent |
67 | risks of the spaceflight activity. Injuries caused by |
68 | the inherent risks of spaceflight activities may |
69 | include, among others, injury to land, equipment, |
70 | persons, and animals, as well as the potential for you |
71 | to act in a negligent manner that may contribute to |
72 | your injury or death. You are assuming the risk of |
73 | participating in this spaceflight activity." |
74 |
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75 | (c) Failure to comply with the warning statement |
76 | requirements in this section shall prevent a spaceflight entity |
77 | from invoking the privileges of immunity provided by this |
78 | section. |
79 | (4) This section expires October 2, 2018, unless reviewed |
80 | and saved from repeal through reenactment by the Legislature. |
81 | Section 2. This act shall take effect July 1, 2011. |